Lucio Antonio Montes’s Answers

Lucio Antonio Montes

Houston Criminal Defense Attorney.

Contributor Level 13
  1. I am in a pretrial diversion on a DUI arrest. Will this have an effect on my car insurance?

    Answered almost 2 years ago.

    1. Lucio Antonio Montes
    2. Gene Raymond Beaty
    3. Christopher Irvin Simser
    3 lawyer answers

    If you are on a pre-trial diversion then you have not been convicted. It is difficult for anyone to tell yo what your insurance company will do. Your probation officer does not understand that you were given an opportunity to keep an alcohol related incident off your record. Most people that receive such an offer from the state are first time offenders. It is unlikely that you would have received that offer with anything on your record. Your license was administratively suspended for 180 days...

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  2. How to keep record clean? Foolishly paid a traffic ticket.

    Answered almost 2 years ago.

    1. Lucio Antonio Montes
    2. Anthony Michael Solis
    3. John Carlos Barrera
    3 lawyer answers

    It is a citation with no real consequences, except of course the consequence to your wallet. It is a non-moving violation. No one is going to judge you because you have a conviction for expired registration. As long as you renewed you registration within a few days of getting the ticket, the prosecuting attorney will likely take it under consideration and has the authority to dismiss it. Tell them about the one that you already paid. It does not hurt to ask for a dismissal. Good luck.

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  3. I was arrested w $446 dollars in my possession.they let me keep my money taking me to jail with 20 missing. can I beat my case?

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Robert L. Keates
    3. David N. Smith
    3 lawyer answers

    You are charged with possession of marijuana, what does the amount of money they reported matter? It could easily be chalked up to a mistake. You may be able to "beat" the case in other ways, but not based solely on the facts that you have provided. You should speak to a local criminal defense attorney. The best advice will come from an attorney that knows all the facts, not just the ones that you believe are important. Good luck.

    4 lawyers agreed with this answer

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  4. I was arrested 7years later after alleged offense on a class C mis. is this leagal can i sue them.

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Lucio Antonio Montes
    3. James Donald Garrett
    3 lawyer answers

    You may have a defense if a criminal complaint was not brought against in you in time. Did you fail to appear in court as instructed on your citation? Where you given a citation? Was there a warrant out for not appearing in court? Did you know about the case? I forgot is not the equivalent of not knowing. There are way too many factors to consider. Contact a local criminal defense attorney to help you. It does not matter if the judge died 2 years ago or immediately after you received the ticket....

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  5. Can my boyfriend expect Jail-time after abusing his probation period? He was on probation because of a DWY among other felonies.

    Answered almost 2 years ago.

    1. Maverick Ray
    2. Lucio Antonio Montes
    3. John Arthur Daniels
    3 lawyer answers

    Your boyfriend signed an agreement that if he violated the terms of his probation the judge could sentence him up to the maximum time and fine for the offense. It is up to the judge whether he gives your boyfriend another chance and does not revoke his probation. Some courts will extend his probation and force him to get treatment or else face jail time others will just revoke him and sentence him to jail time. Since all courts are different, you should consult his attorney that represented...

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  6. Is it possible to get my felony conviction expunged from my record?

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. JaPaula C Kemp
    3. Evan Edward Pierce-Jones
    3 lawyer answers

    Once a person is convicted of a crime, the only way to expunge a record is if the governor pardons the person. Your chances of getting a pardon are slim to none. Some years pardons number in the single digits. You should consult with a criminal defense attorney that also does post conviction work so that he or she can better evaluate your chances of a pardon. Good luck.

    4 lawyers agreed with this answer

  7. What are his options to avoid deportation?

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Humberto Yzaguirre Jr.
    3. Norman J. Silverman
    3 lawyer answers

    The only way that he avoids deportation is if he is found not guilty or the case is dismissed. He is likely facing a state jail felony. He is facing 180 days to 2 years in jail.

    4 lawyers agreed with this answer

  8. What does deferred adjudication mean and does it mean that it will clear my record.

    Answered over 1 year ago.

    1. Bart Charles Craytor
    2. Lucio Antonio Montes
    3. M Elizabeth Gunn
    3 lawyer answers

    After the deferred you are eligible to petition the court for a non-disclosure. No, the non-disclosure will not clear your record completely. 30+ government agencies will have access to the record. On a good note, the vast majority of private companies will not have access. Good luck.

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  9. I got arrested for stealing almost 800 dollars from my job. It is my first ever offense and is a misdemenor will I go to jail

    Answered over 1 year ago.

    1. M Elizabeth Gunn
    2. Lucio Antonio Montes
    3. Michael James Edwards II
    4. Dean George Tsourakis
    4 lawyer answers

    If it is your first charge, it highly unlikely that you serve time. It is of course still possible. You are facing up to a year in jail and a 4000 dollar fine. You should consult a criminal defense attorney as soon as possible. The DA's office takes employee theft seriously.

    4 lawyers agreed with this answer

  10. What punishments for 2nd offense of controlled substance

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Jodi Soyars
    3. Stephen Neil Foster
    3 lawyer answers

    You have not provided enough information for anyone to give you a decent answer. Punishment for possession of a controlled substance depends on the type of drug and the amount. You should make an appointment with a local criminal defense attorney. They know the courts and the prosecutors and can give you a better guess. Most offer free consultations. Good luck.

    4 lawyers agreed with this answer